A Report Based on Visit to Areas in MP Affected by Sardar Sarovar
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A Report based on Visit to Areas in MP Affected by Sardar Sarovar Dam December 25-26, 2019 Shabnam Hashmi, Social Acvist, Founding Trustee, Anhad, New Delhi Purpose of Visit : To assess the condion of rehabilitaon of Project Affected Families of Sardar Sarovar Project in all the affected villages of Madhya Pradesh A brief background l The disputes between Gujarat, Madhya Pradesh, Rajasthan and Madhya Pradesh on the issues of water-sharing, construcon of dam, Relief & Rehabilitaon provisions were resolved by the Narmada Water Dispute Tribunal Award (NWDTA) dt. 12.12.1979 l Sub-clause (IV) of clause XI of the NWDTA relates to the provision of R&R which is required to be provided to the Project Affected Families (PAFs) of the Sardar Sarovar Project (SSP). (hp://sardarsarovardam.org/document/pagecontent/NWDT-Awards.pdf) l In addion to the provisions menoned above, various State R & R Policies provide for rehabilitaon benefits to be extended to the Project Affected Families, in addion to what has been provided in NWDTA. The Policy also extends the R & R benefits to Project Affected Families, which were not considered for R & R under NWDTA i.e. adivasis, labourers, fish workers, shop keepers, poers, boats man etc. l The provisions of NWDTA and R&R were considered by Supreme Court. The Supreme Court held that R&R is part of Arcle 21 of the Constuon and that in case R&R takes place, it should be on “beer off” principle. The irrigable lands and house sites were required to be made available to PAFs one year in advance of the submergence and requisite amenies were also to be provided. The noces for vacaon of the lands were to be given aer compleon of the R&R of PAFs and atleast 6 months before actual submergence. Raising of the dam which would cause submergence was not to be permied unless rehabilitaon programme is carried out. l The order dated 08.02.2017 passed by the Hon'ble Supreme Court required rehabilitaon to be completed on or before 31.07.2017. Promised Compulsory Rehabilitaon v Sub-clause 1(3) of Clause XI of NWDTA : "Family" (i) A family shall include husband, wife and minor children and other persons dependent on the head of the family, e.g., widowed mother. (ii) Every major son will be treated as a separate family. v Sub-clause 10 IV(3) of Clause XI of NWDTA - Every oustee family shall be entled to and alloed a house site i.e. a plot of land measuring 18.29 x 27.43m. (60' x 90') free of cost. v Sub- clause IV(7) of Clause XI of NWDTA : Allotment of Agricultural Lands : Every displaced family from whom more than 25% of its land holding is acquired shall be entled to and be alloed irrigable land to the extent of land acquired from it subject to the prescribed ceiling in the state concerned and a minimum of 2 hectares (5 acres) per family, the irrigaon facilies being provided by the State in whose territory the alloed land is situated : This land shall be transferred to the oustee family if it agrees to take it. v (c) Civic amenies 1. One primary school (3 rooms) for 100 families. 2. One Panchayat Ghar for every 500 families. 3. One Dispensary for every 500 families. 4. One seed store for every 500 families. 5. One Children's park for every 500 families. 6. One village pond for every 500 families. 7. Drinking water well with trough for every 50 families. 8. Each colony should be linked to main road by roads of appropriate standard. 9. One plaorm for every 50 families. 10. Every oustee family shall be entled to and alloed a house site i.e. a plot of land measuring 18.29 x 27.43m. (60' x 90') free of cost. In addion, a provision of 30% addional area for roads, Government buildings, open space etc. shall be made by Gujarat under civic amenies. Rehabilitaon Policy for SSP Oustees in M.P The rehabilitaon policy for Narmada oustees in M.P, which provided benefits over and above the award to various categories of oustees was introduced in 1987 and through periodical amendments was finalized in the year 2003. The basic objecves and highlights of the R&R policy are; D. The rehabilitaon policy be so implemented that middlemen and profiteers would get eliminated. e. Landless agricultural labourers and non – agriculturist families would be assisted in rehabilitaon at the new places by giving grant–in–aid in the inial period and self and wage employment opportunies . Rehabilitaon Policy for the Oustees of Narmada Projects , Government of Madhya Pradesh (September 1989) (This policy will also be applicable for the oustees of the Sardar Sarover project to be reseled in Madhya Pradesh) One – Broad Principles for rehabilitaon of Displaced families: 2. It would be ensured that no hardship is caused to the displaced families in moving out of the present habitat into a new place and living. 8. Where affected families lived together as a social unit, the same will be maintained as for as possible in the new place of relocaon, and the displaced persons of relocaon, and the displaced persons will be reseled as per their preferences in the command or around the submergence area. 10 . While reseling families entled for allotment of land, it would be ensured that viable units of land are given. 12. The rehabilitaon policy be so implemented that middlemen and profiteers would get eliminated. Two – Rehabilitaon Policy for the Oustees of Narmada Projects , Government of Madhya Pradesh Displaced Family 1. A family composed of displaced persons as defined above shall include husband, wife and minor children and other persons dependent on the head of the family, eg. Widowed mother, widowed sister unmarried daughter or old father. 2. Every son/un-married daughter who has become major on or before the date of noficaon under secon 4 of the Land Acquision Act, will be treated as a separate family. (2.2) The price of the land in the submergence area has been depressed for the last several years. For calculang the compensaon for agriculture and rural abadi land to be acquired for the project, the price of similar land in the adjacent command areas will be taken as the basis . For assessing the value of urban abadi and other lands, the average sale prices in the nearest town of similar size outside the submergence area will form the basis calculaon of compensaon. (2.3) If 75 percent or more land of a conguous holding of any person is required to be compulsorily acquired, such person shall have the right to seek such acquision of the enre conguous holding . In other cases , such as enclaves surrounded by water, hamlet rendered as nonviable social unit, disjoined holding , non- submerged land of less than 2 enre holding would be taken aer examinaon on a case by basis by the Narmada Valley Development Authority. (2.5) Displaced families would be allowed to take away the building material that could be salvaged at the old sites to the new relocaon sites. There would be no reducon in the compensaon amount due to this. Transit passes would be issued by competent forest officials for carrying away wooden ballies, frames and all such arcles which require permits. 7.0 Allotment of Plots in Rural Areas 7.1 For rural displaced families, abadi plot of 502 sq m size (i.e 5,400 sq -90'x60') would be alloed to each family in rural areas free of cost. 8.0 Rehabilitaon Policy for Urban Oustees (8.11) Commercial plots/ shop Commercial shops and business centres shall be made available at the relocaon sites in accordance with the local needs and ulity. The demands of the exisng shopkeepers shall be fulfilled on priority. Non- oustees families shall also be entled to purchase commercial plots in the open aucon .If the cost of the new commercial plot be more than the compensaon paid to the oustees he shall be allowed subsidy equal to the amount of difference. The amount of difference shall be paid by the project. e. A Fisheries and Training Instute will be set up in the periphery of the reservoir in order to impart training to fishermen and fisherwomen from the affected areas. 11.4 Places of religious and archaeological importance would be reconstructed outside the submergence area. The current status of R & R as admied by the State of Madhya Pradesh before the Supreme Court is as follows: S.N. Status Balance PAFs I. Out of 760 PAFs considered eligible for Rs. 60 Lakh, as per the order dated 08.02.2017 passed by this Hon'ble Court, 725 PAF's have received the said compensaon. 35 II. Out of 1357 PAF's found duped in the process of disbursement of SRP by Jusce S. S. Jha Commission, only 1201 PAF's have so far received rS, 15 Lakh as per the direcons of this Hon'ble Court in the order dated 08.02.2017 156 III. Out of 1349 PAF's subsequently found eligible for Rs. 15 Lakh as per liberalised policy 729 PAF's have received the said compensaon. 620 IV. Out of 1852 PAFs who were not entled to R & R Package as less than 25 % of their land holdings were acquired, but, were to be compensated for their acquired land, 1321 PAF's have received the compensaon. 531 V. Out of 494 PAFs whose land were acquired for R & R Sites and were granted Rs. 15 Lakh, 307 PAF's have received the same.